Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - Romania (Ratification: 1930)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s indication that the Convention is given effect mainly through a collective agreement negotiated for the transport sector, which covers all seafarers serving on board Romanian-registered vessels. The Committee also notes the Government’s statement that the Romanian Seafarers Union has filed a proposal with the Ministry of Transport and Infrastructure to amend section 545 of the Code of Commerce in order to bring it into line with Article 2 of the Convention. The Committee welcomes this initiative and requests the Government to keep the Office informed of any progress made with regard to the amendment of the Code of Commerce. The Committee further requests the Government to transmit a copy of the collective bargaining agreement for the transport sector currently in force and also to clarify how the Convention is applied in respect of the seafarers who may not be covered by that collective bargaining agreement.

Article 3. Remedies for recovering indemnity. The Committee notes that the Government’s report does not provide any reply to the previous request for additional explanations on how it is ensured in law and practice that seafarers have the same remedies for recovering unemployment indemnity in case of shipwreck as they have for recovering arrears of wages earned during their period of service. The Committee once again requests the Government to provide the necessary clarifications in this regard.

Part V of the report form. Practical application. The Committee notes the Government’s indication that, during the reporting period, there have been no Romanian-registered vessels wrecked or otherwise lost. The Committee requests the Government to continue to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the number of any maritime casualties involving Romanian-registered vessels and any indemnities which may have been paid to the seafarers concerned.

Finally, the Committee recalls that most of the provisions of the Convention have been incorporated in Regulation 2.6, Standard A2.6 and Guideline B2.6 of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 8 would facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the report transmitted by the Government and wishes to bring its attention to the following points.

Article 2 of the Convention. In its report, the Government indicates that effect has been given to this provision of the Convention through a national collective agreement negotiated in 1995 by the Association of Shipowners and the Romanian Seafarers’ Free Union that, as of 2005, provides for unemployment indemnity in case of shipwreck equivalent to seafarers’ wages, paid for a period of two months. It indicates, moreover, that, taking into consideration the recommendations made by the Committee, a draft law in conformity with the Convention has been prepared. The Committee notes this information and would be grateful if the Government would keep it informed of any progress made regarding the adoption of a legislative or regulatory text giving effect to the Convention. In this regard, the Committee notes that Part III of the Code of Commerce relating to maritime trade and navigation contains a provision under which, in case of shipwreck, seafarers do not receive any wages (section 545). Thus, the Committee understands that the objective of the draft law referred to by the Government is to amend or render null and void the above provision in order to bring national law into conformity with the Convention. Moreover, in that it seems that effect has been given to the Convention through a national collective agreement, the Committee would be grateful to the Government if it would indicate in its next report whether this national collective agreement is applied in practice to all persons employed aboard all Romanian vessels carrying out maritime navigation, as required by the Convention, or whether it is applied on a case-by-case basis. Finally, the Committee would be grateful if the Government would provide, along with its next report, a copy of the text of the above national collective agreement as applicable from 2005.

Article 3. In its report, the Government indicates that a provision of the Code of Commerce provides that the amounts due to seafarers as a result of their last voyage are to be treated as a priority in relation to other creditors. While taking due note of this information, the Committee feels that it is not in a position, given the information provided by the Government, to assess the extent to which the indemnities to be paid in case of shipwreck benefit from the same privileges as the arrears of wages earned during the period of service. It would be grateful if the Government would provide in its next report additional information in this regard and indicate whether seafarers benefit from the same recourse in order to recover these indemnities as that available to them for recovering arrears of wages.

Part V of the report form. The Committee would be grateful if the Government would provide, with its next report, a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, the number and categories of workers covered by the national collective agreement as well as, should need be, the number of vessels wrecked or otherwise lost during the period covered by the next report, the number of cases in which indemnities have been granted under Article 2 of the Convention and of possible disputes linked to the recovery of unemployment indemnities.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Government states in its last report that the collective work contracts concluded by the three Romanian shipping companies contain clauses on the compensation to be paid to seafarers in the event of loss or foundering of the vessel. The Government states that the amount of the compensation set in the collective contract concluded with the Navrom shipping company is $1,500 for a seaman and $2,000 for an officer.

The Committee notes this information and observes that the compensation payable under collective work contracts appears to be in the form of a lump sum. The Committee reminds the Government that under Article 2, paragraph 2, of the Convention, in the event of loss or foundering of a vessel, the owner must pay an indemnity to each seaman employed thereon for every day during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, for a period which may be limited to two months. The Committee asks the Government to provide information in its next report in which manner these collective work contracts ensure compliance with this provision of the Convention and also supply a specimen of the abovementioned collective contracts.

The Committee also requests the Government to provide in its next report detailed information on the provisions of the legislation which give effect to the Convention and supply a copy of such legislation.